Opinion 2053

The inquirer plans to purchase an escrow company, licensed under RCW 18.44. He plans to purchase the assets, name and book of business of the escrow company and to operate the escrow business as a limited liability company, while he continues the general practice of law as a sole proprietorship. He plans to operate the escrow business as part of “the performance of his or her professional duties” as a lawyer and, thus under RCW 18.44.021, he will not be subject to regulation under RCW 18.44. He recognizes that his operation of the escrow business will be subject to the Rules of Professional Conduct.

The inquirer asks if he may practice law as a sole proprietor (or some other business organization) and also have a PLLC that does escrow work, both of which, together, would be considered his law practice under the RPCs?

The committee opined, yes. A lawyer may provide non-legal services in the course of a law practice, but the provision of those services will be subject to the requirements and obligations of the Rules of Professional Conduct. The inquirer accepts this fact. The legal form he adopts, be it a sole proprietorship or a PLLC does not affect his obligations under the Rules of Professional Conduct.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.